J&K Reorganisation Act 2019 for jkssb exams.
The Jammu and kashmir Reorganisation Act 2019.
Most important topic for the upcoming job exams in J and K.
The Act of the Parliament of India to Reconstitute the State of J&k into Two union Territories.
1). Jammu and kashmir 2). Ladakh.
The introduction of the bill was preceded by the presidential Order that revoked the special status of jammu and kashmir.
The order suspended the 1954 presidential order seeking implementation of 1952 Delhi Agreement.
What is Delhi Agreement :
The Article 35A was added to the Constitution of india by Delhi Agreement. Delhi Agreement 1952, between Jawahar lal Nehru and Sheikh Abdullah regarding the position constitution and status of j&k and it was implemented by presidential orders in 1954.
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Jk reorganisation Act. Bill
The Bill was introduced in Rajya Sabha on August 5 by the Minister of Home Affairs, Amit shah and was passed on same day.
On 6th of August 2019 Loksabha passed it.
On 9th of August the bill received presidential approval.
And comes into effect from 31 October 2019.
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The Act bifurcated the state of jammu and into two union territories of jammu and kashmir and Ladakh.
1). UT of Jammu and kashmit ( under Section 4)
2). UT of Ladakh (section 5).
The jammu and kashmir Reorganisation Act contains 103 Sections and 5 schedules
UT of kashmir :
* Article 239 A of the constitution of India (Puducherry Model) will apply to UT of J&K.
* Lt Governor will now administer J&K.
(First LT Governor - Girish chandra murmu.
* It will have a Legislative Assembly, and the seats in Legislative assembly have been inceased from 107 to 114.
There will be reservation for SC's and ST's
LG may nominate 2 women To Legislative assembly.
24 seats shall remain vacant for P. O. K
* Duration of Legislative Assembly will be 5 years.
* Legislative Assembly can make laws on any subject contained in state List (Except Public and Police Order) and concurrent list.
* council of ministers consists of 10% of total members of the LA, including CM.
* J&K will now have only 5 seats in Lok sabha and Ladakh only 1.
UT of Ladakh :
*comprising of Kargil & Leh District.
* Ladakh will administered by LT Governor.
( first LT- Radha krishna Mathur
*there will be No legislative assembly.
* Ladakh will have only 1 seat in Lok sabha.
Important points :-
* There will be no Legislative council for Jammu and kashmir, therefore No MLCs.
* Chief Minister of Jammu and kashmir has to apprise for all cabinet decisions.
* 5th Schedule says that :-
106 central laws will now apply to jk and ladakh.
153 state laws will be repealed.
166 state laws continue to remain in force.
* 2005 Hindu Succession Act amendments, which gave women equal rights of inheritance as men, will now be applicable to the UT.
* The restriction on Transfer of property under section 139 of the J&k transfer of property Act is not applicable more.
* Central RTI Act 2005 , will now be applicable to the UT instead of the J&K Right to Information Act 2009.
* Anti corruption Bureau will be created under the direct control of L.G
* High Court of Jammu and kashmir to be High court for Both UTs (sectionb75 (1) ).
* Ranbir penal code to be replaced with Indian penal code 1860 and J&k CRPC to be replaced by Central CRPC.
Central laws that will apply to J&k
Table 5th schedule of the JK reorganisation Act 2019.
* Consumer protection Act, 1986
* The Dowry Prohibition Act, 1961
* The hindu Remarriage Act, 1955
* The hindu succession Act, 1956
* The Indian partnership Act, 1932
* The National commision for women Act, 1990
* National security Act, 1980
* The protection of Human rights Act, 1994
* The Right of Children to free and Compulsory Education Act, 2009
* Transfer Of property Act, 1882.
STATE ACTS TO BE REPEALED
* The jammu and kashmir Accountability commision Act, 2002
* Code of Civil Procedure, samvat 1977.
* The jammu and Kashmir consumer protection Act, 1987
* The jammu and kashmir Hindu marriage Act, 1980
* The jammu and kashmir Hindu Succession Act, 1956
* The jammu and kashmir Partnership Act, samvat 1996.
* the jammu and kashmir Right to information Act, 2009
* The jammu and Kashmir sales of Goods Act, 1996
* The jammu and kashmir wildlife protection Act, 1978.
J&k reorganisation Acts contains 103 sections / 5 schedules.
* Section 1&2 : preliminary information (short tittle and definition).
* Section 3 : Ladakh as UT without Legislature
* Section 4 : J&K as UT with Legislature
* Section 5 : Governor of existing state of J&k to be the common LT Governor.
* Section 10 : Representation in house of people.
* Section 14 : Legislative Assembly for UT of J&K and its composition
* Section 14(6) : SC / ST reservation
* Section 15 : Representation Of women.
* Section 16 : Qualification of Membership of L. A
* Section 17 : Duration of L.A
* Section 24 : Oath of Affirmation
* Section 27 : Disqualification of members
* Section 30 : Power and Privileges of members
* Section 31 : Salary
* Section 47 : official launguage
* Section 53 : council of ministers
* Section 57 : Abolition of Legislative council
* Section 61 : power of election Commission
* Section 75 : Common High court.
* Section 93 : provisions as to State Public service commision.